A BILL to amend and reenact §§ 18.2-371, 18.2-371.1 and 40.1-103 of the Code of
Virginia and to amend the Code of Virginia by adding a section numbered
18.2-371.1:1, relating to protection of abandoned infants; affirmative defense
to prosecution for abuse and neglect; immunity for emergency personnel.

Be it enacted by the General Assembly of Virginia:

1. That §§ 18.2-371, 18.2-371.1 and 40.1-103 of the Code of Virginia are
amended and reenacted, and that the Code of Virginia is amended by adding a section
numbered 18.2-371.1:1 as follows:

A. Any person eighteen18 years of age or older, including the parent of any
child, who (i) willfully contributes to, encourages, or causes any act, omission, or
condition whichthat renders a child delinquent, in need of services, in
need of supervision, or abused or neglected as defined in § 16.1-228, or (ii)
engages in consensual sexual intercourse with a child fifteen15 or older not
his spouse, child, or grandchild, shall be guilty of a Class 1 misdemeanor. This section shall not be
construed as repealing, modifying, or in any way affecting §§ 18.2-18, 18.2-19,
18.2-61, 18.2-63, 18.2-66, and 18.2-347.

B. If the prosecution under this section is based solely on the accused parent
having left the child at a hospital, rescue squad or fire department, it shall be an
affirmative defense to prosecution of a parent under this section that such
parent safely delivered the child to a hospital that provides 24-hour emergency
services or to a rescue squad or fire department, during its normal hours of
operation and that employs emergency medical technicians, within the first 7
days of the child's life.

A. Any parent, guardian, or other person responsible for the care of a child
under the age of eighteen18 who by willful act or omission or refusal to
provide any necessary care for the child's health causes or permits serious injury to the life or
health of such child shall be guilty of a Class 4 felony. For purposes of this subsection, "serious
injury" shall include but not be limited to (i) disfigurement, (ii) a fracture,
(iii) a severe burn or laceration, (iv) mutilation, (v) maiming, (vi) forced
ingestion of dangerous substances, or (vii) life-threatening internal injuries.

B. Any parent, guardian, or other person responsible for the care of a child
under the age of eighteen18 whose willful act or omission in the care of such
child was so gross, wanton and culpable as to show a reckless disregard for human life shall be
guilty of a Class 6 felony.

C. Any parent, guardian or other person having care, custody, or control of a
minor child who in good faith is under treatment solely by spiritual means
through prayer in accordance with the tenets and practices of a recognized
church or religious denomination shall not, for that reason alone, be
considered in violation of this section.

D. If the prosecution under this section is based solely on the accused parent
having left the child at a hospital, rescue squad or fire department, it shall be an
affirmative defense to prosecution of a parent under this section that such
parent safely delivered the child to a hospital that provides 24-hour emergency
services or to a rescue squad or fire department, during its normal hours of
operation and that employs emergency medical technicians, within the first 7
days of the child's life.

Any personnel of a hospital, rescue squad or fire department receiving a child
under the circumstances described in subsection B of § 18.2-371 or subsection D
of § 18.2-371.1 shall be immune from civil liability or criminal prosecution
for injury or other damage to the child unless such injury or other damage is the
result of gross negligence or willful misconduct by such personnel.

A. It shall be unlawful for any person employing or having the custody of any
child willfully or negligently to cause or permit the life of such child to be endangered
or the health of such child to be injured, or willfully or negligently to cause or permit
such child to be placed in a situation that its life, health or morals may be
endangered, or to cause or permit such child to be overworked, tortured,
tormented, mutilated, beaten or cruelly treated. Any person violating this
section shall be guilty of a Class 6 felony.

B. If the prosecution under this section is based solely on the accused parent
having left the child at a hospital, rescue squad or fire department, it shall be an
affirmative defense to prosecution of a parent under this section that such parent
safely delivered the child to a hospital that provides 24-hour emergency
services or to a rescue squad or fire department, during its normal hours of
operation and that employs emergency medical technicians, within the first 7
days of the child's life. Any personnel of a hospital, rescue squad or fire
department receiving a child under the circumstances described in this
subsection shall be immune from civil liability or criminal prosecution for
injury or other damage to the child unless such injury or other damage is the
result of gross negligence or willful misconduct by such personnel.